ABHIJIT GANGOPADHYAY,J. - (1.) This writ application has been filed by an employer against an order dated 17.01.2020 passed by the Labour Court, Kolkata while deciding a recalling application filed by the employee dated 26th April, 2018 (wrongly mentioned in the impugned order as 27th April, 2018, as is found from the writ application containing copies of the records before me).
(2.) The employee was dismissed from his service in the year 1998. Thereafter he raised an Industrial Dispute which was decided in his favour by an award directing the employer to reinstate the employee with 25% back wages. Subsequently, the employee filed an application under Section 33C (2) of the Industrial Disputes Act, 1947 (ID Act, in short) for quantification of his monetary claim alleging that though he wanted to join service under the employer, the employer did not allow him to join. This case was numbered as CC 27/2007. In that case ultimately the employer under the direction of the Tribunal paid to the employee an amount of Rs. 3,53,125.00.
(3.) Subsequently, after 9 (nine) years from the application No. CC 27/2007 the employee filed his second application for quantification of unpaid wages for the period from 01.05.2007 to 31.08.2016. The earlier application under Section 33C (2) was for the period from 01.01.1998 to 30.04.2007. In this second application under Section 33C (2) of the ID Act the claim of the employee is more than Rs. 23 Lakh. This claim was initially taken up for hearing by the tribunal when the employer raised vehement objection contending that the petitioner never tried to join his service and the earlier order under Section 33C(2) application was actually an ex-parte order. When this contention was not entertained by the Tribunal the employer filed a writ application being W.P. No. 70858 (W) of 2017. In this writ application this court granted liberty to the employer to raise the question of maintainability of the second Section 33C (2) application as a preliminary issue and with the above direction that writ application was disposed of.;